What is a court ordered comptency evaluation?
A competency evaluation is a court ordered mental health assessment to determine the ability of the defendant to understand the nature and consequences of the court proceedings.
When and how are they requested?
The defendant, judge, or lawyer can request an evaluation whenever there are question about a defendant’s mental state.
What happens during the evaluation?
The licensed professional conducts an evaluation of the defendant and files a report with the court. The examination must be completed within 21 days after the court order.
What happens after an evaluation is completed?
The licensed professional submits a report recommending whether the defendant is competent to stand trial. If found not competent by the courts, the defendant would be ordered to complete a restoration program as defined in 23A-10A-13.1, in which treatment can occur in an inpatient, outpatient, or jail based setting.
What does it mean to be restored to competency?
The restoration process ensures the defendant understands the court process, the charges brought against them and is able to participate in their defense. Court proceedings would then resume after the defendant is found competent.